Managing pay range reporting in job postings: Employers need to be careful about their job advertisements on third-party platforms as state pay range laws take different approaches to liability for such postings. These laws tend to vary from state to state in how explicit they are about the extent to which employers are responsible for their job advertisements on third-party platforms. The states that require pay ranges in job postings generally indicate that employers are responsible when they are the ones providing the information, whether the advertisement appears on the employer's website or a third party's website. Some states have made clear that employers are not responsible in situations in which job information is "scraped" or "automatically aggregated" by another party without their consent, as New York's DOL has put it in guidance. Labor authorities in Colorado, which had the first pay transparency law of its kind, have said in guidance that "an employer is not liable if it has a compliant posting, but then a third party, on its own initiative, reposts that employer's job without the required information."  Source:  Law360 10/22/24

Do you notice employees choosing benefits because of price? Over half of Americans (53%) report that cost is the primary driver for choosing benefits during open enrollment, and 35% of Millennials (27% of people overall) enroll in the least expensive option regardless of what the plans offer, according to a survey by Empower, a financial planning firm.  Some 41% say they would have made different benefit elections if they had a better understanding of the options. Less than half of younger generations know where to find the information and details needed to make decisions about their benefits (44% of Gen Zers; 50% of Millennials). Fewer than two in five (38%) Americans feel that the open enrollment process is easy and user-friendly, and 37% admit to feeling overwhelmed when it comes to selecting benefits.  Beyond health care (70%) dental (53%) and vision plans (45%), Americans rank access to retirement plans (45%), and financial advice (24% overall, 42% Gen Z) among the most important employer benefits. As enrollment season for many is beginning, a robust education plan is likely necessary to empower employees to make better decisions. Source: Empower 10/16/24

What 401K education is available for employees? The rise in popularity of 401(k)s has shifted the risk of managing finances to workers — during both the accumulation and spending phases. In 2023, just 15% of private sector employees were offered a pension plan, compared to the 67% with access to an employer 401(k) account. This paradigm shift has also created a substantial retirement knowledge gap for workers who must now take on a more active role in managing their financial plans. 53% of Americans note that they don’t understand how Social Security will fit into their retirement plan, and 43% admit they’re not clear on what a 401(k) even is. Most Americans (81%) prefer 401(k)s over IRAs when choosing a retirement plan, with respondents highlighting employer contribution match and higher contribution limits as the top benefits. However, half of all 401(k) participants need clarification on their plan options.  Managing risk, understanding tax implications, and determining the correct asset allocations are among the top concerns for savers. 38% are unsure of their financial risk appetite and don’t know how to choose the right mix of assets to match their preferences. Source: TheStreet 10/30/24

OFCCP settlements in 2024 are over $12 million but less than in previous years: The Office of Federal Contract Compliance Programs (OFCCP) settled $12,135,060 according to their records for Fiscal Year 2024.  Of the 42 cases that settled, 33 were discrimination cases and 9 were pay discrimination cases.  Of the pay cases, eight were systemic pay cases.  The previous four years from 2020-2023 the numbers were $35,608,368; $26,445,764; $11,763,447; and $17,309,819. Source: OFCCP

Federal government pushing labor neutrality agreements for federal contractors: A controversial demand from the Centers for Medicare and Medicaid Services for prospective contractors to recognize union organizing may stretch the limits of the government's required neutrality in contactors' labor disputes, and a ruling supporting it is likely to attract close scrutiny from courts.  The U.S. Government Accountability Office ruled in a decision that a labor harmony agreement, or LHA, requirement in a CMS solicitation for call center services did not violate a Federal Acquisition Regulation requirement for federal agencies to "remain impartial" in disputes between contractors and their employees. The decision rejected, in part, a protest from contractor Maximus Federal Services Inc. The relevant FAR clause, Federal Acquisition Regulation 22.101-1, only relates to active labor disputes and doesn't prohibit contractual terms "designed to prevent future disputes," and the disputed LHA doesn't mandate any particular outcome "but rather simply seeks to protect the agency's interests," the GAO said.  Critics think that the decision went too far. This approach, if unchecked, could tip the scales for union organizing in federal contractors.  Source:  Law360 9/25/24